ÌÀÍ·Ìõ

September 27, 1947

Note: The Treaty was concurred in by the Senate, S.R. No. 47, April 14, 1948. The Philippine instrument of ratification was signed by the President, July 22, 1948. It entered into force, July 25, 1948 upon the exchange of ratification of the Parties. It was declared by the President, Proc. No. 112, g. 1949.

Reference: This Treaty is also published in I DFA TS No. 2,p. 184 and 70 UNTS, p. 133. The presidential proclamation of the Treaty is published in 45 O.G., p. 15.

The Republic of the Philippines and the Spanish State, animated by the desire to strengthen further the bond of friendship now happily existing between them in a manner befitting their historic and cultural ties, have decided to conclude a Treaty of Friendship and, for this purpose, have agreed upon the following provisions:

ARTICLE I

There shall be between the Philippines and Spain constant peace and perpetual friendship.

ARTICLE II

The High Contracting Parties shall settle by peaceful means any dispute or controversy of any nature whatsoever that might arise between them. Should such dispute or controversy not be possible of adjustment by ordinary diplomatic procedures, the High Contracting Parties shall submit it to a Permanent Conciliation Commission and, if this method of settlement still fails, to an Arbitration Court. The parties may, however, by mutual agreement, bring their dispute direct to the Arbitration Court.

This undertaking shall not apply to disputes relating to matters considered by the Philippines and Spain as being essentially of their national competence.

ARTICLE III

The Permanent Conciliation Commission referred to in the preceding article shall be composed of five members. Each of the High Contracting Parties shall be entitled to appoint one of the members and they shall, by common agreement, appoint the three other members from whom shall be elected the President. The last three members must not be nationals of either of the High Contracting Parties, be residents in the territory of any of them, be in the service of either of them, nor be with respect to each other of the same nationality. The members of the Commission shall hold their appointment for three years. The Commission shall be organized and constituted within the six months following the exchange of ratifications of this treaty.

The Arbitration Court shall be composed of five members who shall be appointed in the same manner provided in the preceding paragraph for the Conciliation Commission. This Court shall have the powers of a referee and its award or decision shall be final and conclusive for both Parties. While actually engaged in the performance of their duties, the members of the Conciliation Commission or of the Arbitration Court shall receive compensation the amount of which shall be determined by mutual agreement between both Countries.

The implementary details regarding the substitution of the members and the powers, operation and procedures of the Conciliation Commission and of the Arbitration Court shall be agreed upon by exchange of notes.

ARTICLE IV

Each of the High Contracting Parties shall accredit to the Other, diplomatic representatives who, once duly recognized and accepted shall, during the period of their mission, enter on a reciprocal basis, the rights, privileges and immunized generally accorded under international law and usage.

ARTICLE V

Each of the High Contracting Parties shall have the right to appoint, for such places in the territory of the Other as may be agreed upon by mutual consent, Consuls General, Consuls, Vice-Consuls and Consular Agents acceptable to the Other, who in the exercise of their functions, shall enjoy the privileges and immunities accorded to their respective rank in conformity with the generally recognized principles of international law and usage.

Filipinos in Spain and Spanish nationals in the Philippines shall enjoy, on the basis of reciprocity, and subject always to the respective police, security, and other laws and regulations issued by each of the High Contracting Parties, in all of the territory of the Philippines, on the one hand, and in all of the territory of Spain, on the other hand, the right to acquire, possess and dispose of movable and immovable property, to establish and maintain schools of learning, as well as the privilege to reside, travel and engage in trade, industry and other peaceful and lawful pursuits.

ARTICLE VII

The High Contracting Parties agree to conclude as soon as practicable treaties on commerce and navigation, consular rights and privileges, copyrights and patents, and the validity of academic degrees and diplomas.

ARTICLE VIII

The High Contracting Parties shall ratify the present treaty according to their constitutional or fundamental procedures. The exchange of the instruments of ratification shall take place at Manila, Philippines. This treaty shall enter into force upon the exchange of ratifications and shall thereafter remain in force continuously unless and until terminated by one year's written notice.

IN WITNESS WHEREOF, the respective Plenipotentiaries have signed this Treaty and hereunto affixed their seals.

DONE at Manila, Philippines, in duplicate, in English and Spanish languages, this 27th day of September, 1947.

	For the GOVERNMENT OF THE REPUBLIC
	OF THE PHILIPPINES:
	(Sgd.) MANUEL ROXAS
	For the Government of the Spanish State:
	(Sgd.) TEODOMIRO DE AGUILAR Y SALAS

It is the understanding of the Philippines "that nothing in the Treaty shall be construed as affecting, altering, amending or repealing any of the existing constitutional provisions, statutes or laws of the Republic of the Philippines prohibiting aliens, or limiting or regulating their rights to acquire, possess, and dispose of movable or immovable property, to establish and maintain schools of learning, to reside and travel, and engage in trade, industry and other pursuits."